DECISION

Fair Work Act 2009
s.185—Enterprise agreement

H-E Parts International Crushing Solutions Pty Ltd
(AG2018/944)

H-E PARTS INTERNATIONAL CRUSHING SOLUTIONS PTY LTD WESTERN AUSTRALIA ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 4 JULY 2018

Application for approval of the H-E Parts International Crushing Solutions Pty Ltd Western Australia Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the H-E Parts International Crushing Solutions Pty Ltd Western Australia Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by H-E Parts International Crushing Solutions Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement lodged contained errors at Schedules 1-4. On 28 June 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 July 2018. The nominal expiry date of the Agreement is 3 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of H-E Parts International Crushing Solutions Pty Ltd, the Fair Work Commission was presented with an application for the approval of the H-E Parts International Crushing Solutions Pty Ltd Western Australia Enterprise Agreement 2018. The dispute involved the terms of employment and working conditions proposed in the enterprise agreement, which aimed to regulate the relationship between the company and its employees in Western Australia. The Commission was tasked with determining whether the agreement met the legal criteria for approval, including compliance with the Fair Work Act 2009 and fairness to the employees.

The central legal issues revolved around whether the agreement was free from unlawful content, whether it provided for fair terms and conditions of employment, and whether it was made in accordance with the procedural requirements of the Fair Work Act. Additionally, the Commission needed to ensure that the agreement did not adversely affect the rights of employees under the National Employment Standards and that it provided for appropriate dispute resolution mechanisms.

In reaching its decision, the Commission examined the provisions of the agreement in detail, considering submissions from both the company and the employees' representatives. The Commission assessed the fairness of the proposed terms and the extent to which they complied with the statutory requirements. The agreement was found to be free from unlawful content and to provide for fair terms and conditions of employment. The procedural fairness was also upheld as the agreement was made following the prescribed processes under the Fair Work Act.

Following this assessment, the Fair Work Commission approved the H-E Parts International Crushing Solutions Pty Ltd Western Australia Enterprise Agreement 2018, recognising its compliance with the necessary legal standards and its fairness to the employees. This approval now legally binds the company and its employees to the terms set out in the agreement.

H-E Parts International Crushing Solutions Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established